BILL NUMBER: SB 1270	CHAPTERED  10/10/99

	CHAPTER   887
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   JULY 15, 1999
	AMENDED IN ASSEMBLY   JUNE 30, 1999
	AMENDED IN ASSEMBLY   JUNE 23, 1999
	AMENDED IN SENATE   APRIL 27, 1999
	AMENDED IN SENATE   APRIL 8, 1999

INTRODUCED BY   Committee on Health and Human Services (Senators
Escutia (Chair), Figueroa, Hughes, Polanco, Solis, and Vasconcellos)

                        FEBRUARY 26, 1999

   An act to amend Sections 366, 366.3, 10554, 11404.1, 14051, and
16501.1, of, to add Sections 366.24, 366.25, and 16121.2 to, and to
add Chapter 2.6 (commencing with Section 16170) to Part 4 of Division
9 of, the Welfare and Institutions Code, relating to human services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1270, Committee on Health and Human Services.  Interstate
adoption assistance agreements:  social service regulations.
   Existing law authorizes the Director of Social Services to adopt
regulations, orders, and standards pertaining to the laws enforced by
the State Department of Social Services.
   This bill would, instead, permit the department to carry out that
function.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services, pursuant to
which medical benefits are provided to public assistance recipients
and certain other low-income persons.  Persons who meet the
requirements of the categorically needy classification of recipients,
may receive Medi-Cal benefits without meeting share of cost
requirements.  Those persons who, but for excess income, qualify for
Medi-Cal benefits, may receive Medi-Cal benefits subject to meeting
share-of-cost requirements.
   This bill would include special needs children for whom medical
and other necessary services or for whom adoption assistance and
related services are provided under interstate compacts within the
scope of persons who are eligible to receive Medi-Cal benefits under
the medically needy person classification.  This bill would also make
changes clarifying the role of the court and other technical changes
in that connection.
   Existing law requires the county in which a person resides to
determine a person's eligibility for Medi-Cal benefits and continued
eligibility.
   To the extent this bill would increase the counties'
responsibilities for eligibility determination, it would impose a
state-mandated local program.
   Existing law requires the State Department of Social Services to
administer the Adoption Assistance Program, under which aid is
provided to persons adopting special needs children.
   This bill would authorize the Director of Social Services and the
Director of Health Services to enter into interstate agreements with
agencies of other states for the protection of children on behalf of
whom adoption assistance is being provided by the State Department of
Social Services.  The bill would also authorize the State Department
of Social Services and the State Department of Health Services to
establish procedures for interstate children's adoption assistance
payments, including medical payments.  The bill would make related
changes.
   This bill would state the Legislature's intent in enacting the
bill.
   This bill would incorporate additional changes to Section 366.3 of
the Welfare and Institutions Code made by AB 658 and AB 686 to take
effect if one or both bills are enacted and this bill is enacted
last.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 366 of the Welfare and Institutions Code is
amended to read:
   366.  (a) (1) The status of every dependent child in foster care
shall be reviewed periodically as determined by the court but no less
frequently than once every six months, as calculated from the date
of the original dispositional hearing, until the hearing described in
Section 366.26 is completed.  The court shall consider the safety of
the child and shall determine all of the following:
   (A) The continuing necessity for and appropriateness of the
placement.
   (B) The extent of the agency's compliance with the case plan in
making reasonable efforts to return the child to a safe home and to
complete any steps necessary to finalize the permanent placement of
the child.
   (C) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.
   (D) The extent of progress which has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
   (2) The court shall project a likely date by which the child may
be returned to and safely maintained in the home or placed for
adoption, legal guardianship, or in another planned permanent living
arrangement.
   (b) Subsequent to the hearing, periodic reviews of each child in
foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.
   (c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant to
Sections 366.3 and 16503 shall also address whether the out-of-state
placement continues to be the most appropriate placement selection
and in the best interests of the child.
   (d) A child shall not be placed in an out-of-state group home, or
remain in an out-of-state group home, unless the group home is in
compliance with Section 7911.1 of the Family Code.
  SEC. 2.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or guardianship is completed as expeditiously as possible.  When the
adoption of the child has been granted, the court shall terminate its
jurisdiction over the child.  Following establishment of a legal
guardianship, the court may continue jurisdiction over the child as a
dependent child of the juvenile court following the establishment of
a legal guardianship or may terminate its dependency jurisdiction
and retain jurisdiction over the child as a ward of the guardianship,
as authorized by Section 366.4.  If, however, a relative of the
child is appointed the legal guardian of the child and the child has
been placed with the relative for at least 12 months, the court
shall, except upon a finding of exceptional circumstances, terminate
its dependency jurisdiction and retain jurisdiction over the child as
a ward of the guardianship, as authorized by Section 366.4.
Following a termination of parental rights the parent or parents
shall not be a party to, or receive notice of, any subsequent
proceedings regarding the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate guardianship pursuant
to this paragraph, the court shall order the county department of
social services or welfare department to prepare a report, for the
court's consideration, that shall include an evaluation of whether
the child could safely remain in the guardian's home, without
terminating the guardianship, if services were provided to the child
or guardian.  If applicable, the report shall also identify
recommended services to maintain the guardianship and set forth a
plan for providing those services.  If the petition to terminate
guardianship is granted, the juvenile court may resume dependency
jurisdiction over the child, and may order the county department of
social services or welfare department to develop a new permanent
plan, which shall be presented to the court within 60 days of the
termination.  If no dependency jurisdiction has attached, the social
worker shall make any investigation he or she deems necessary to
determine whether the child may be within the jurisdiction of the
juvenile court, as provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the guardianship has
been revoked or terminated and shall be entitled to participate in
the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is in the best
interests of the child, order that reunification services again be
provided to the parent or parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued guardianship is the most appropriate
plan for the child.  The hearing shall be held no later than 120 days
from the date of the order.  Whenever the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the minor remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.
   (5) The extent of progress the parents have made toward
alleviating or mitigating the causes necessitating placement in
foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) The progress of the search for an adoptive placement if one
has not been identified.
   (6) Any impediments to the adoption or the adoptive placement.
   (7) The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (8) The anticipated date by which an adoptive placement agreement
will be signed.
   (9) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship.  If the licensed adoption
agency, or the department when it is acting as an adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption,
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 2.1.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or guardianship is completed as expeditiously as possible.  When the
adoption of the child has been granted, the court shall terminate its
jurisdiction over the child.  Following establishment of a legal
guardianship, the court may continue jurisdiction over the child as a
dependent child of the juvenile court following the establishment of
a legal guardianship or may terminate its dependency jurisdiction
and retain jurisdiction over the child as a ward of the guardianship,
as authorized by Section 366.4.  If, however, a relative of the
child is appointed the legal guardian of the child and the child has
been placed with the relative for at least 12 months, the court
shall, except upon a finding of exceptional circumstances, terminate
its dependency jurisdiction and retain jurisdiction over the child as
a ward of the guardianship, as authorized by Section 366.4.
Following a termination of parental rights the parent or parents
shall not be a party to, or receive notice of, any subsequent
proceedings regarding the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate guardianship pursuant
to this paragraph, the court shall order the county department of
social services or welfare department to prepare a report, for the
court's consideration, that shall include an evaluation of whether
the child could safely remain in the guardian's home, without
terminating the guardianship, if services were provided to the child
or guardian.  If applicable, the report shall also identify
recommended services to maintain the guardianship and set forth a
plan for providing those services.  If the petition to terminate
guardianship is granted, the juvenile court may resume dependency
jurisdiction over the child, and may order the county department of
social services or welfare department to develop a new permanent
plan, which shall be presented to the court within 60 days of the
termination.  If no dependency jurisdiction has attached, the social
worker shall make any investigation he or she deems necessary to
determine whether the child may be within the jurisdiction of the
juvenile court, as provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the guardianship has
been revoked or terminated and shall be entitled to participate in
the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is in the best
interests of the child, order that reunification services again be
provided to the parent or parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued guardianship is the most appropriate
plan for the child.  The hearing shall be held no later than 120 days
from the date of the order.  Whenever the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the minor remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.
   (5) The extent of progress the parents have made toward
alleviating or mitigating the causes necessitating placement in
foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living, including the likelihood the child will graduate
from high school by his or her 19th birthday, and if not, what
efforts are being made to ensure the required educational credits or
equivalent vocational training will be obtained by that time.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) The progress of the search for an adoptive placement if one
has not been identified.
   (6) Any impediments to the adoption or the adoptive placement.
   (7) The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (8) The anticipated date by which an adoptive placement agreement
will be signed.
   (9) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement child have been made.
   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship.  If the licensed adoption
agency, or the department when it is acting as an adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision  (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption,
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 2.2.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or guardianship is completed as expeditiously as possible.  When the
adoption of the child has been granted, the court shall terminate its
jurisdiction over the child.  Following establishment of a legal
guardianship, the court may continue jurisdiction over the child as a
dependent child of the juvenile court following the establishment of
a legal guardianship or may terminate its dependency jurisdiction
and retain jurisdiction over the child as a ward of the guardianship,
as authorized by Section 366.4.  If, however, a relative of the
child is appointed the legal guardian of the child and the child has
been placed with the relative for at
           least 12 months, the court shall, except upon a finding of
exceptional circumstances, terminate its dependency jurisdiction and
retain jurisdiction over the child as a ward of the guardianship, as
authorized by Section 366.4.  Following a termination of parental
rights the parent or parents shall not be a party to, or receive
notice of, any subsequent proceedings regarding the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate guardianship pursuant
to this paragraph, the court shall order the county department of
social services or welfare department to prepare a report, for the
court's consideration, that shall include an evaluation of whether
the child could safely remain in the guardian's home, without
terminating the guardianship, if services were provided to the child
or guardian.  If applicable, the report shall also identify
recommended services to maintain the guardianship and set forth a
plan for providing those services.  If the petition to terminate
guardianship is granted, the juvenile court may resume dependency
jurisdiction over the child, and may order the county department of
social services or welfare department to develop a new permanent
plan, which shall be presented to the court within 60 days of the
termination.  If no dependency jurisdiction has attached, the social
worker shall make any investigation he or she deems necessary to
determine whether the child may be within the jurisdiction of the
juvenile court, as provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the guardianship has
been revoked or terminated and shall be entitled to participate in
the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is in the best
interests of the child, order that reunification services again be
provided to the parent or parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued guardianship is the most appropriate
plan for the child.  The hearing shall be held no later than 120 days
from the date of the order.  Whenever the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or guardian or
guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the minor remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision  (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.  The court
shall consider the progress in providing, the information and
documents to the child, as described in Section 391.  The court shall
also consider the need for, and progress in providing, the
assistance and services described in paragraphs (3) and (4) of
subdivision (b) of Section 391.
   (5) The extent of progress the parents have made toward
alleviating or mitigating the causes necessitating placement in
foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) The progress of the search for an adoptive placement if one
has not been identified.
   (6) Any impediments to the adoption or the adoptive placement.
   (7) The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (8) The anticipated date by which an adoptive placement agreement
will be signed.
   (9) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship. If the licensed adoption
agency, or the department when it is acting as an adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption,
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 2.3.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or guardianship is completed as expeditiously as possible.  When the
adoption of the child has been granted, the court shall terminate its
jurisdiction over the child.  Following establishment of a legal
guardianship, the court may continue jurisdiction over the child as a
dependent child of the juvenile court following the establishment of
a legal guardianship or may terminate its dependency jurisdiction
and retain jurisdiction over the child as a ward of the guardianship,
as authorized by Section 366.4.  If, however, a relative of the
child is appointed the legal guardian of the child and the child has
been placed with the relative for at least 12 months, the court
shall, except upon a finding of exceptional circumstances, terminate
its dependency jurisdiction and retain jurisdiction over the child as
a ward of the guardianship, as authorized by Section 366.4.
Following a termination of parental rights the parent or parents
shall not be a party to, or receive notice of, any subsequent
proceedings regarding the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate guardianship pursuant
to this paragraph, the court shall order the county department of
social services or welfare department to prepare a report, for the
court's consideration, that shall include an evaluation of whether
the child could safely remain in the guardian's home, without
terminating the guardianship, if services were provided to the child
or guardian.  If applicable, the report shall also identify
recommended services to maintain the guardianship and set forth a
plan for providing those services.  If the petition to terminate
guardianship is granted, the juvenile court may resume dependency
jurisdiction over the child, and may order the county department of
social services or welfare department to develop a new permanent
plan, which shall be presented to the court within 60 days of the
termination.  If no dependency jurisdiction has attached, the social
worker shall make any investigation he or she deems necessary to
determine whether the child may be within the jurisdiction of the
juvenile court, as provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the guardianship has
been revoked or terminated and shall be entitled to participate in
the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is in the best
interests of the child, order that reunification services again be
provided to the parent or parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued guardianship is the most appropriate
plan for the child.  The hearing shall be held no later than 120 days
from the date of the order.  Whenever the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or guardian or
guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the minor remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement child have been made.
   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.  The court
shall consider the progress in providing, the information and
documents to the child, as described in Section 391.  The court shall
also consider the need for, and progress in providing, the
assistance and services described in paragraphs (3) and (4) of
subdivision (b) of Section 391.
   (5) The extent of progress the parents have made toward
alleviating or mitigating the causes necessitating placement in
foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, place for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living, including the likelihood the child will graduate
from high school by his or her 19th birthday, and if not, what
efforts are being made to ensure the required educational credits or
equivalent vocational training will be obtained by that time.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) The progress of the search for an adoptive placement if one
has not been identified.
   (6) Any impediments to the adoption or the adoptive placement.
   (7) The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (8) The anticipated date by which an adoptive placement agreement
will be signed.
   (9) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship. If the licensed adoption
agency, or the department when it is acting as an adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision  (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption,
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 3.  Section 366.24 is added to the Welfare and Institutions
Code, to read:
   366.24.  (a) Commencing January 1, 2000, for purposes of Sections
366.21 and 366.22, evidence of any of the following circumstances
shall not, in and of themselves, be deemed a failure to provide or
offer reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
   (b) For purposes of subdivision (g) of Section 366.21, the court's
decision to continue the case based on a finding of substantial
probability that the child will be returned to the physical custody
of his or her parent or guardian is a compelling reason for
determining that a hearing held pursuant to Section 366.26 is not in
the child's best interests.
  SEC. 4.  Section 366.25 is added to the Welfare and Institutions
Code, to read:
   366.25.  If the court does not continue a case for a permanency
review hearing pursuant to paragraph (1) of subdivision (g) of
Section 366.21 or order the child be held in foster care pursuant to
paragraph (2) of subdivision (g) of Section 366.21, the court shall
order that a hearing pursuant to Section 366.26 be held within 120
days.
  SEC. 5.  Section 10554 of the Welfare and Institutions Code is
amended to read:
   10554.  The department shall adopt regulations, orders, or
standards of general application to implement, interpret, or make
specific the law enforced by the department, and those regulations,
orders, and standards shall be adopted, amended, or repealed by the
department only in accordance with the provisions of Chapter 3.5
(commencing with Section 11340), Part 1, Division 3, Title 2 of the
Government Code, provided that the regulations need not be printed in
the California Code of Regulations or California Administrative
Register if they are included in the publications of the department.

   In adopting regulations the department shall strive for clarity of
language that may be readily understood by those administering
public social services or subject to the regulations.
   The rules of the department need not specify or include the detail
of forms, reports or records, but shall include the essential
authority by which any person, agency, organization, association or
institution subject to the supervision or investigation of the
department is required to use, submit or maintain the forms, reports
or records.
  SEC. 6.  Section 11404.1 of the Welfare and Institutions Code is
amended to read:
   11404.1.  In order to be eligible for AFDC-FC, the child shall
receive a periodic review no less frequently than once every six
months and a permanency hearing within 12 months after the date the
child entered foster care, as provided in subdivision (a) of Section
361.5.  The child shall also receive permanency planning hearings
periodically, but no less frequently than once each 12 months
thereafter, as required by subdivision (d) of Section 366.3
throughout the period of foster care placement.  Periodic reviews and
permanency planning hearings shall not be required for a child
                                          who is residing with a
nonrelated legal guardian.
  SEC. 7.  Section 14051 of the Welfare and Institutions Code is
amended to read:
   14051.  (a) "Medically needy person" means any of the following:
   (1) An aged, blind, or disabled person who meets the definition of
aged, blind, or disabled under the Supplemental Security Income
Program and whose income and resources are insufficient to provide
for the costs of health care or coverage.
   (2) A child in foster care for whom public agencies are assuming
financial responsibility, in whole or in part, or a person receiving
aid under Chapter 2.1 (commencing with Section 16115) of Part 4.
   (3) (A) A child who is eligible to receive Medi-Cal benefits
pursuant to interstate agreements for adoption assistance and related
services and benefits entered into under Chapter 2.6 (commencing
with Section 16170) of Part 4, to the extent federal financial
participation is available.
   (B) Subparagraph (A) shall become inoperative on October 1, 2002.

   (b) "Medically needy family person" means a parent or caretaker
relative of a child who meets the deprivation requirements of Aid to
Families with Dependent Children or a child under 21 years of age or
a pregnant woman of any age with a confirmed pregnancy, exclusive of
those persons specified in subdivision (a), whose income and
resources are insufficient to provide for the costs of health care or
coverage.
  SEC. 8.  Section 16121.2 is added to the Welfare and Institutions
Code, to read:
   16121.2.  The Director of Social Services and the Director of
Health Services may enter into interstate agreements pursuant to
Chapter 2.6 (commencing with Section 16170) that provide for medical
and other necessary services for special needs children, establish
procedures for interstate delivery of adoption assistance and related
services and benefits, and provide for the adoption of related
regulations.
  SEC. 9.  Chapter 2.6 (commencing with Section 16170) is added to
Part 4 of Division 9 of the Welfare and Institutions Code, to read:

      CHAPTER 2.6.  INTERSTATE ADOPTION ASSISTANCE AGREEMENTS

   16170.  The Legislature finds and declares all of the following:
   (a) Finding adoptive families for children, for whom state
assistance is desirable pursuant to Chapter 2.1 (commencing with
Section 16115), and assuring the protection of the interests of the
children affected during the entire assistance period, require
special measures when the adoptive parents move to other states or
are residents of another state.
   (b) Provision of medical and other necessary services for
children, with state assistance, encounters special difficulties when
the provision of services takes place in other states.
   16171.  The purposes of this chapter are to:
   (a) Authorize the State Department of Social Services and the
State Department of Health Services to enter into interstate
agreements with agencies of other states for the protection of
children on behalf of whom adoption assistance is being provided by
the State Department of Social Services.
   (b) Provide procedures for interstate children's adoption
assistance payments, including medical payments.
   16172.  As used in this chapter, the following definitions apply,
unless the context clearly indicates otherwise:
   (a) "Adoption assistance state" means the state that is signatory
to an adoption assistance agreement in a particular case.
   (b) "Residence state" means the state where the child is living.
   (c) "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands, or a territory or
possession of or administered by the United States.
   16173.  The State Department of Social Services and the State
Department of Health Services are authorized to develop, participate
in the development of, negotiate, or enter into one or more
interstate compacts on behalf of this state with other states to
implement one or more of the purposes set forth in this chapter.
When entered into, and for so long as it shall remain in force, a
compact shall have the force and effect of law.
   16174.  A compact entered into pursuant to the authority conferred
by this chapter shall contain all of the following:
   (a) A provision making it available for joinder by all states.
   (b) A provision for withdrawal from the compact upon written
notice to the parties, with a period of one year between the date of
the notice and the effective date of the withdrawal.
   (c) A requirement that the protections afforded by the compact
continue in force for the duration of the adoption assistance and be
applicable to all children and their adoptive parents who on the
effective date of the withdrawal are receiving adoption assistance
from a party state other than the one in which they are resident and
have their principal place of abode.
   (d) A requirement that each instance of adoption assistance to
which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parents and the state child
welfare agency of the state which undertakes to provide the adoption
assistance, and further, that any such agreement be expressly for
the benefit of the adopted child and enforceable by the adoptive
parents, and the state agency providing the adoption assistance.
   (e) Any other provision as may be appropriate to implement the
proper administration of the compact.
   16175.  A compact entered into pursuant to the authority conferred
by this chapter may contain provisions in addition to those required
pursuant to Section 16174, as follows:
   (a) Provisions establishing procedures and entitlement to medical
and other necessary social services for the child in accordance with
applicable laws, even though the child and the adoptive parents are
in a state other than the one responsible for or providing the
services or the funds to defray part or all of the costs thereof.
   (b) Any other provision as may be appropriate or incidental to the
proper administration of the compact.
   16176.  (a) (1) Any child who is a resident of California and who
is the subject of a state-only adoption assistance agreement with
another state, shall be eligible to receive Medi-Cal benefits whether
or not there is a cash benefit.
   (2) Any child with special needs who is the subject of a
state-only adoption assistance agreement with California shall
continue to be eligible for Medi-Cal benefits if the child is placed
out-of-state or with his or her adoptive family, moves out-of-state,
and the receiving state does not provide Medicaid benefits to the
child.
   (b) The departments shall adopt regulations to implement the
provisions of this chapter.
   16177.  Consistent with federal law, the State Department of
Social Services and the State Department of Health Services, in
connection with the administration of this chapter and any compact
pursuant thereto, shall include in any state plan made pursuant to
the Adoption Assistance and Child Welfare of 1980 (Public Law
96-272), Titles IV (e) and XIX of the Social Security Act, or any
other applicable federal laws, the provision of adoption assistance
and medical assistance for which the federal government pays some or
all the cost.  The departments shall apply for and administer all
relevant federal aid in accordance with law.
  SEC. 10.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (b) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers as appropriate in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.  A case plan
shall be based upon the principles of this section and shall document
that a preplacement assessment of the service needs of the child and
family, and preplacement preventive services, have been provided,
and that reasonable efforts to prevent out-of-home placement have
been made.  In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.  Reasonable services shall be offered or provided to make
it possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.  If
reasonable services are not ordered, or are terminated, reasonable
efforts shall be made to place the child in a timely manner in
accordance with the permanent plan and to complete all steps
necessary to finalize the permanent placement of the child.
   (c) When out-of-home placement is used to attain case plan goals,
the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, consistent with the selection
of the environment best suited to meet the child's special needs and
best  interest, or both.  The selection shall consider, in order of
priority, placement with relatives, tribal members, and foster
family, group care, and residential treatment pursuant to Section
7950 of the Family Code.
   (d) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (f) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents  that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social service
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.
   (5) When out-of-home services are used, the frequency of contact
between the natural parents or legal guardians and the child shall be
specified in the case plan.  The frequency of those contacts shall
reflect overall case goals, and consider other principles outlined in
this section.
   (6) When out-of-home placement is made, the case plan shall
include documentation of the provisions specified in subdivisions
(b), (c), and (d) of Section 16002.
   (7) When out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) When out-of-home services are used, or when parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings.  This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation.  If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (9) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.

   (10) When out-of-home services are used, the child has been in
care for at least 12 months, and the goal is not adoptive placement,
the case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's
best interest.  A determination completed or updated within the past
12 months by the department when it is acting as an adoption agency
or by a licensed adoption agency that it is unlikely that the child
will be adopted, or that one of the conditions described in paragraph
(1) of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, sign it whenever possible, and then shall
receive a copy of the plan.  In any voluntary service or placement
agreement, the parents or legal guardians shall be required to review
and sign the case plan.  Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.
   (13) When the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
and the child's prospective adoptive parents, if applicable, be
provided with information necessary to accomplish this visitation.
Nothing in this section shall be construed to require or prohibit the
social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
   (h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (i) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 11.  (a) Section 2.1 of this bill incorporates amendments to
Section 366.3 of the Welfare and Institutions Code proposed by both
this bill and AB 658.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2000,
(2) each bill amends Section 366.3 of the Welfare and Institutions
Code, and (3) AB 686 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after AB 658, in which case
Sections 2, 2.2, and 2.3 of this bill shall not become operative.
   (b) Section 2.2 of this bill incorporates amendments to Section
366.3 of the Welfare and Institutions Code proposed by both this bill
and AB 686.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 366.3 of the Welfare Institutions Code, (3) AB
658 is not enacted or as enacted does not amend that section, and (4)
this bill is enacted after AB 686, in which case Sections 2, 2.1,
and 2.3 of this bill shall not become operative.
   (c) Section 2.3 of this bill incorporates amendments to Section
366.3 of the Welfare and Institutions Code proposed by this bill, AB
658, and AB 686.  It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2000,
(2) all three bills amend Section 366.3 of the Welfare and
Institutions Code, and (3) this bill is enacted after AB 658 and AB
686, in which case Sections 2, 2.1, and 2.2 of this bill shall not
become operative.
  SEC. 12.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
